Legal Opinion

Schofield v. Borden

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2014PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Martin, J.), dated September 6, 2012, which denied their motion for summary judgment dismissing so much of the complaint as alleged that the plaintiff Rechandle Schofield sustained a frozen left shoulder as a result of a bilateral mastectomy procedure performed by the defendant Edward B. Borden on November 10, 2005.

Ordered that the order is affirmed, with costs.

“The essential elements of medical malpractice are (1) a deviation or departure from accepted…

2Cases cited11 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
  3. Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
  4. Faicco v. GolubAppellate Division of the Supreme Court of the State of New York · 2012
  5. Terranova v. FinkleaAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by2 opinions

  1. Montagnino v. Inamed Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Farrell v. HerzogAppellate Division of the Supreme Court of the State of New York · 2014

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